사문서위조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal consistently states that F did not have agreed with the Defendant on the preparation of the instant modified contract containing the content of the waiver of the penalty for delay (hereinafter “instant modified contract”), and that Q Q did not have any talk about the waiver of the penalty for delay as stated in the modified contract in the original court, it can be sufficiently recognized that the Defendant forged and exercised the instant modified contract in the name of F without agreement with the F in relation to the preparation of the instant modified contract.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged.
2. Determination
A. A. Around May 2009, the summary of the facts charged in the instant case is that the Defendant jointly operates F and Elderly Care Welfare Facilities, and the Defendant is the land equivalent to KRW 900 million; F invested the construction cost of KRW 900 million; and F established a StateG to carry on business with the share of KRW 50:50,000; and H and F, in de facto marital relationship with A, were registered as a joint representative.
After that, on December 7, 2009, the Defendant entered into a land sales contract related to the IMF welfare facility (hereinafter “this building”) on December 7, 2009, entered into a construction work contract between the (State)G and the (State)J on December 10, 2009, and entered into a construction work contract on December 18, 2009, and completed the completion inspection on October 11, 2010, but, during that period, the dispute arose with F in relation to the progress of the business with F, decided to liquidate the relationship with F. < Amended by Presidential Decree No. 22426, Nov. 12, 2010>
However, the Defendant had attempted to forge a contract to modify construction works, which did not reach a final agreement with F on the liquidated damages and the defect repair rate of the construction contract contents.
1. The Defendant conspired with H to do so from November 12, 201 to the 15th day of the same month.